Section 641.46.3. Exemptions.

The department may, upon application or upon its own initiative, grant exemptions from the requirements of these rules as long as it will not result in undue hazard to public health and safety. The following categories of devices are exempt from the provisions of this chapter:

       46.3(1) Other purposes. Devices intended for purposes other than the deliberate exposure of human skin to ultraviolet radiation which produce or emit ultraviolet radiation incidental to their proper operation.

       46.3(2) Personal use. Tanning devices which are limited exclusively to personal use by an individual and this individual’s immediate family. Multiple ownership of the device by persons for personal use only does not qualify it for the “personal use only” exemption.

       46.3(3) Phototherapy devices. Phototherapy devices used by a properly trained health care professional in the treatment of disease.